For purposes of this article, the following terms, words, and the derivations thereof shall have the meanings given below:
Minor.
A minor is a person seventeen (17) years of age or younger.
Permanent residence.
A place where a person abides, lodges or resides for fourteen (14) or more consecutive days.
Temporary residence.
A place where a person abides, lodges or resides for a period of fourteen (14) or more days in the aggregate during any calendar year and which is not the person’s permanent address or a place where a person routinely abides, resides or lodges for a period of four (4) or more consecutive or nonconsecutive days in any month and which is not the person’s permanent residence.
(1995 Code, sec. 7.1301(a); Ordinance adopting Code)
For each person required to register on the state department of public safety’s sex offender database (the “database”) because of a violation involving a victim who was less than sixteen (16)years of age, it is unlawful for that person to establish a permanent residence or temporary residence within one thousand feet (1,000') of any premises where children commonly gather, which, for purposes of this article, shall be a public park or playground or private or public school or day-care center, public or private youth center, public swimming pool or video arcade facility, as such terms are defined in the city’s Comprehensive Zoning Ordinance 05-20, as it exists or may be amended. If any term used herein is not defined in the city’s comprehensive zoning ordinance, the term(s) shall have the meaning ascribed by section 481.134, Texas Health and Safety Code, as it exists or may be amended. For the purposes of this article, planted street medians are not public parks.
(1995 Code, sec. 7.1301(b)(1))
(a) 
It shall be prima facie evidence that this article applies to such a person if that person’s record appears on the database and the database indicates that the victim was less than sixteen (16) years of age.
(b) 
For the purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest property line of the premises where children commonly gather, as described hereinabove, or, in the case of multiple residences on one property, measuring from the nearest property line of the premises to the nearest property line of the premises where children commonly gather, as described herein.
(c) 
A map depicting the prohibited areas shall be maintained by the city and made available to the public at the police department. The city shall review the map at least annually for changes.
(1995 Code, sec. 7.1301(b)(2); Ordinance adopting Code)
It is an affirmative defense to prosecution that any of the following conditions apply:
(1) 
The person required to register on the database established the permanent or temporary residence and has complied with all of the sex offender registration laws of the state, as they exist or may be amended, prior to the date of the adoption of this article; provided, however, such person shall be required to continuously maintain compliance with all of the sex offender registration laws of the state, as they exist or may be amended, after the adoption of this article.
(2) 
The person required to register on the database was a minor when he or she committed the offense requiring such registration and was not convicted as an adult.
(3) 
The person required to register on the database is a minor.
(4) 
The premises where children commonly gather, as specified herein, within one thousand feet (1,000') of the permanent or temporary residence of the person required to register on the database was opened after the person established the permanent or temporary residence and complied with all sex offender registration laws of the state, as they exist or may be amended. Such person shall be required to continuously maintain compliance with all of the sex offender registration laws of the state, as they exist or may be amended.
(5) 
The information on the database is incorrect, and, if corrected, this article would not apply to the person erroneously listed.
(1995 Code, sec. 7.1301(b)(4))